1999-155 O INANCENO g4
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC, FORT WORTH, TEXAS, FOR ENGINEERING
SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF A TWENTY INCH
WATER MAIN ALONG FORT WORTH DRIVE (U S HIGHWAY 377) FROM BENT
CREEK ESTATES TO HAMILTON ROAD, IN DENTON, DENTON COUNTY, TEXAS,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council deems that it is in the public interest to engage Klmley-
Horn and Associates, Inc, a Corporation ("KH"), to provide professional engineering services to
the City respecting the design and construction of a certain twenty inch water main,
approximately 8500 feet in length, along Fort Worth Drive (U S Highway 377) from Bent Creek
Estates to Hamilton Road, in Denton, Denton County, Texas, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described professional engineering services, and that limited City staff cannot
adequately perform the services and tasks w~th its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional consulting services, as set forth in the
Professional Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute a Professional
Services Agreement wath Klmley-Hom and Associates, Inc, a Corporation, of Fort Worth,
Texas, for professional engineering services pertaining to the design and construction of a certain
twenty inch water mmn along Fort Worth Drive (U S Highway 377), from Bent Creek Estates to
Hamilton Road, in Denton, Denton County, Texas, in substantially the form of the Professional
Services Agreement attached hereto and incorporated herewith by reference
SECTION II That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of KH and the ability of KH to perform
the services needed by the City for a rant and reasonable price
SECTION III That the expenditure of funds as prowded ~n the attached Professional
Services Agreement is hereby authorized
SECTION IV That th~s ordinance shall become effective ~mmedlately upon its passage
and approval
,1 99
JAC~]I~LER~ MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Do~uments\Ordmanc~s\99~K H Engr PSA Hwy 377 Wlr doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ENGiNEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION
OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U S HIGHWAY 377),
FROM BENT CREEK ESTATES TO A POINT APPROXIMATELY 1,500-FT NORTH OF
CRAWFORD ROAD, IN DENTON, DENTON COUNTY, TEXAS
THIS AGREEMENT is made and entered into as of the //~---/q day of
t'~t2d,,p~ ,1999, by and between the City of Denton, Texas, a Texas Mumcipal
Corp'or~ttl°~, with its principal offices at 215 E McKlnney Street, Denton, Texas 76201 (hereinafter
"OWNER") and IQmley-Hom and Associates, Inca Corporation, w~th its offices at 801 Cherry
Street, Suite 1100, Fort Worth, Texas 76102 (hereinafter "CONSULTANT"), the parties acting
herein, by and through their duly-authorized representatives and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
pames hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein tn connection with the Project as
stated m the Articles to follow, with diligence and in accordance w~th the professional standards
customarily obtained for such services in the State of Texas The professional services set forth
herein are in connectson with the follouang described project
Englneenng services pertanmng to the design and construction of a twenty inch water mann
approximately 17,800 feet in length along Fort Worth Drive (U S Highway 377) from Bent Creek
Estates to approximately 1,500 feet north of Crawford Road, in Denton, Denton County, Texas (the
"ProJect")
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner
A To perform all those services and tasks as set forth in CONSULTANT'S "Scope of Services",
which is a five (5) page document attached hereto and incorporated herewith by reference as
Exhibit "A"
B If there is any conflict between the terms of this Agreement and the two Exhibits attached to
this Agreement, the terms and conditions of this Agreement shall govern and shall control
over the terms and conditions of the Exhibits
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above-described Scope of Services, set forth in Article II A above,
are as follows
A During the course of the Project, as requested by OWNER, CONSULTANT will be avmlable
to accompany OWNER's personnel when meeting uath the Texas Natural Resource
Conservation Commission, U S Environmental Protection Agency, or other regulatory
agencies The CONSULTANT will assist OWNER's personnel on an aa-needed basis in
preparing compliance schedules, progress reports, and providing general technical support for
the OWNER's compliance efforts
B Assisting OWNER or contractor in the defense or prosecution of htlgatlon in connection with
or in addition to those services contemplated by th~s Agreement Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of
and in addition to tbas Agreement
C Sampling, testing, or analysis beyond that spemfically included in the Scope of Services
referenced herelnabove
D Preparing applications and supporting documents for government grants, loans, or planmng
advances, and providing data for detailed apphcaUons
E Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings artmng from the development or construction of
the ProJect, including the preparation of englneenng data and reports for assistance to the
OWNER
F Providing addltxonal easement or right-of-way acqmsition services
G Providing additional presentation(s) to the Denton Public Utility Board and/or the Cxty
Council
H Provide construction stalong
I Provide additional pnntlng for bidding document dlstnbutmn
J Provide additional documentation reqmred by the OWNER's legal representative dunng
condemnation proceedings
K Provide any easement acqmsluon services beyond the preparation of the easement document
L Obtmn right of entry for easement survey
M Additional meetings dunng construction
N Provide shop dravang review other than boring submittals
O Attend final walk-through
ARTICLE IV
PERIOD OF SERVICE
Th~s Agreement shall become effective upon executmn by the OWNER and the
CONSULTANT and upon the ~ssuance of a not~ce to proceed by the OWNER, and shall mmmn ~n
force for the period whmh may reasonably be reqmred for the completmn of the ProJect, including
Addit~onal Services, ~f any, and any reqmred extensions approved by the OWNER Ttus
Agreement may be sooner terminated m accordance w~th the prowslons hereof T~me Is of the
essence m this Agreement The CONSULTANT shall make all reasonable efforts to complete the
services set forth m Exlub~t "A" hereto, as expeditiously as possible, ~n accordance w~th the
Schedule shown at page five (5) of smd Exhibit "A"
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" ~s defined as expenses ~ncurred by CONSULTANT ~n the
employment of others xn outside firms, for servmes in the nature of professional
eng~neenng, surveying, or related serwces Any subcontract or subconsultant bflhng
reasonably incurred by the CONSULTANT ~n connection w~th the Project shall be
~nvomed to OWNER at the actual cost plus ten (10%) pement
2 "D~rect Non-Labor Expense" ~s defined as that expense, based upon actual cost, for any
assignment or expense reasonably ~ncurred by the CONSULTANT xn the performance
of this Agreement for supplies, transportation and eqmpment, travel, commumcatlons,
subsistence, and lodging away from home, and sxmdar mmdental expenses ~n
connection w~th that assignment, expressly ~nclud~ng, w~thout hm~tat~on, telephone
charges, telecopy charges, pnnt~ng and reproduction costs, and other ~nc~dental
expenses ~ncurred ~n connectton w~th the Project Direct Non-Labor Expenses shall be
mvmced to OWNER at CONSULTANT's actual cost, w~th the exception of photocopy
charges, which shall be billed at a rate not to exceed ten cents per copy, and telecopy
charges, which shall be billed at a rate not to exceed fifty cents per copy for outgoing
telecoples from CONSULTANT There shall be no charge by CONSULTANT for
incoming telecoples To the extent that the prows~ons of Article V of th~s Agreement
conflmt w~th the provisions of paragraph 4 of Exhibit "B", attached hereto and
described hereafter, the prowslons of Amcle V of th~s Agreement shall govern
B BILLING AND PAYMENT
For and ~n constderat~on of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT (based upon the satisfactory completmn
of the five Tasks set forth ~n the Scope of Servmes as shown ~n Exh~bxt "A" hereto, at the
hourly rates set forth ~n Exhibit "B", entitled "Compensation', whmh ~s attached hereto and
made a part of th~s Agreement), a total lump-sum fee, ~nclud~ng reimbursement for
Subcontract Expense and Direct Non-Labor Expense, ~n the amount of $172,800 00
Parttal payments to the CONSULTANT wtlt be made on the basis of detatled monthly
statements rendered to and approved by the OWNER through 1ts Assistant City Manager for
Ut~ht~es or bas designees, however, under no ctrctunstances shall any monthly statement for
services exceed the value of the work performed at the t~me a statement ~s rendered The
OWNER may w~thhold the final five (5%) percent of the contract amount until satisfactory
completmn of the Project
Nothing contmned ~n ttus Article shall reqmre the OWNER to pay for any work wtuch ~s
unsatisfactory as reasonably determined by the Assistant C~ty Manager for Uttht~es or bas
designee, or wbach ~s not submitted to the OWNER in comphance vath the terms of this
Agreement The OWNER shall not be required to make any payments to the
CONSULTANT when the CONSULTANT ~s ~n default under th~s Agreement
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to flus Agreement which would reqmre add~tmnal payments by
the OWNER for any charge, expense or reimbursement above the maximum not to exceed
fee as stated heremabove, wathout first hawng obtained written authonzatmn from the
OWNER CONSULTANT shall not proceed to perform the services listed ~n Artmle III
"Additional Services" w~thout obtmmng prior written authortzataon from OWNER
C ADDITIONAL SERVICES For addmonal services authorized ~n writing by the OWNER
~n Amcle III herelnabove, CONSULTANT shall be prod based on the Schedule of Charges at the
hourly rates set forth ~n Exhibit "B" Payments for additional servmes shall be due and payable
upon subm~ssmn by the CONSULTANT, and shall be ~n accordance w~th Amcle V B
here~nabove Statements shall not be submitted to OWNER more frequently than monthly
D PAYMENT
If the OWNER fatls to make payments due the CONSULTANT for services and expenses
w~th~n s~xty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the
amounts due the CONSULTANT will be ~ncreased by the rate of one percent (1%) per month
from the smd s~xt~eth (60th) day, and m add~tton, the CONSULTANT may, after g~wng ten
(10) days' written notice to the OWNER, suspend servmes under flus Agreement until the
CONSULTANT has been prod ~n full for all amounts then due and owang, and not d~sputed
by OWNER for servmes, expenses and charges Prowded, however, nottung here~n shall
reqmre the OWNER to pay the late charge of one pement (1%) per month as set forth herein,
ff the OWNER reasonably determmes that the work ts unsatisfactory, m accordance w~th
Amcle V of flus Agreement
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT w~ll exem~se reasonable care and due dthgence ~n d~scovermg and
promptly repomng to the OWNER any defects or deficiencies ~n the work of the CONSULTANT
or any of ~ts subcontractors or subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retmn copies of all such documents The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to thxs project and OWNER's
use of these documents in other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to flus agreement, CONSULTANT is released
from any and all liability relating to their use m that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or clatm any right arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all hablhty, clmms,
demands, damages, losses and expenses, including but not hmlted to court costs and reasonable
attomey fees recurred by the OWNER, and lnclu&ng w~thout hm~tatmn damages for bodily and
personal lnjury, death and property damage, resulting from the neghgent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of th~s Agreement
Nottung in this Agreement shall be construed to create a liability to any person who is not a
party to tlms Agreement and nothing hereto shall wmve any of the party's defenses, both at law or
eqmty, to any clmm, cause of action or litigation filed by anyone not a party to ttus Agreement,
including the defense of governmental lmmumty, wbach defenses are hereby expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the Services under this Agreement, CONSULTANT shall
malntmn the follovang insurance w~th an insurance company licensed to do business in the State of
Texas by the State Insurance Commission or any successor agency, that has a rating with A M
Best Rate Careers of at least an "A-" or above
A Comprehensive General Liability Insurance w~th bodily mlury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with property
damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B Automobile Llabdlty Insurance with bodily in.jury hmlts of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident
C Worker's Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident
D Professional Llablhty Insurance with limits of not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's
request to evidence such coverages The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent legally possible, and shall contain a
provlsmn that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies furnishing at least the same policy limits and coverage to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty- (30) days advance written notice to the other party
B This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under flus Agreement No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mall,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than (30) calendar days to cure the failure,
and (2) an opportunity for consultation with the terminating party prior to termination
C If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill for services
to the OWNER within thirty (30) days after the date of termination The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance with Article V of this Agreement Should the OWNER subsequently contract
with a new consultant for the continuation of services on the ProJect, CONSULTANT shall
cooperate in providing information to the OWNER and the new consultant If applicable,
OWNER shall allow CONSULTANT reasonable time to transition and to tum over the
ProJect to a new Consultant CONSULTANT shall turn over all documents prepared or
furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the
date of termination but may matntmn copies of such documents for its files
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and hablllty of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants
ARTICLE XIV
NOTICES
All notices, commumcations, and reports reqmred or permitted under this Agreement shall be
personally delivered or totaled to the respective part~es by depositing same ~n the Umted States mml
at the addresses shown below, by means of U S Mall, postage prepaid, certified mall, return
receipt requested, unless othervase specified herein
To CONSULTANT To OWNER
Klmley~Hom and Associates, Inc C~ty of Denton, Texas
Glenn Gary, P E Howard Martin, ACM/Utilities
801 Cherry Street, Suite 1100 215 East McKtnney
Fort Worth, Texas 76102 Denton, Texas 76201
All notices under tins Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mmhng notice, whichever evem shall first occur
ARTICLE XV
ENTIRE AGREEMENT
Ttus Agreement consimng of ten (10) pages and two (2) Exhibits consUtutes the complete
and final lexpression of the Agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications understandings, and
agreements winch may have been made in connection with the subject matter of this Agreement
ARTICLE XVI
SEVERABILITY
If any prowslon of tins Agreement ~s found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remmnder of this Agreement,
and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply wlth all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
agmnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap
ARTICLE XIX
PERSONNEL
A CONSULTANT represents that ~t has or will secure at 1ts own expense all personnel reqmred
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall reform the OWNER of any conflict of interest or potential conflict of
interest that may arise dunng the term of this Agreement
B All servmes required hereunder will be performed by the CONSULTANT or under its direct
supervision All personnel engaged in performing the work provided for in th~s Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in tins Agreement and shall not transfer
any interest ~n this Agreement (whether by assignment, novation or otherwise) w~thout the prior
written consent &the OWNER CONSULTANT shall notify OWNER of any change of its name
and any s~gmfieant change ~n its corporate structure or operations
ARTICLE XXI
MODIFICATION
No wmver or modification of tins Agreement or of any covenant, condition, limitation herein
contmned shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any wmver or mochficatlon shall be offered or received ~n evidence ~n any
proceeding arising between the part,es hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such wmver or modification is in writing, duly
executed The part,es further agree that the provisions of this Article will not be waived unless as
herein set forth
ARTICLE XXII
MISCELLANEOUS
A The following Exhibits are attached to and made a part of this Agreement
1 Exhtbtt "A" ("Scope of Servtces" cons~sUng of five pages)
2 Exhtb~t "B" ("Compensation" consisting of two pages)
B CONSULTANT agrees that OWNER shall, unttl the exptratton of three (3) years after the
final payment made by OWNER under flus Agreement, have access to and the right to
examxne any d~rectly pertinent books, documents, papers and records of the CONSULTANT
lnvolvtng transactions relating to th~s Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be prowded adequate and appropriate working space in order to conduct
examinations or audits ~n comphance w~th tlus Article OWNER shall give CONSULTANT
reasonable advance nonce of all xntended examinations or audits
C Venue of any stat or cause of acuon under this Agreement shall he exclusively ~n Denton
County, Texas Th~s Agreement shall be governed by and construed in accordance with the
laws of the State of Texas
D For the purpose of th~s Agreement, the part,es agree that Glenn Gary shall serve as the
ProJect Manager for CONSULTANT Thts Agreement has been entered ~nto wtth the
understanding that Glenn Gary shall serve as the key person on the Project However,
nothing here~n shall hm~t CONSULTANT from using other quahfied and competent
members ofthelr ftnn to perform the services reqmred herem under its supervaston or control
E CONSULTANT shall commence, carry on, and complete 1ts work on the Project w~th all
apphcable d~spatch, and m a sound, economical, efficient manner, and ~n accordance w~th the
prows~ons hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are
appropriate to ensure that the work revolved ts properly coordinated w~th related work being
earned on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal
all avadable ~nformat~on perUnent to the Project, ~ncludmg prewous reports, any other data
relative to the ProJect and arranging for the access to, and make all provisions for the
CONSULTANT to enter ~n or upon, pubhc and private property as reqmred for the
CONSULTANT to perform professional serwces under tlus Agreement
G The capttons of th~s Agreement are for ~nformaUonal purposes only and shall not in any way
affect the substantive terms or conditions ofthts Agreement
IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed th~s Agreement ~n four
(4) original counterparts, by and through ~ts duly-authorized City Manager, and CONSULTANT
has ex~guted this Agreement by and through ~ts duly-authorized undersigned officer, on this the
//f,i~ dayof c~Zg~- ,1999
"CITY"
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
KIMLEY-HORN AND ASSOCIATES,
INC, a Corporation
Charles M Staples, P E /
Vine-President
ATTEST
EXHIBIT A to Agreement Between
the Ctty of Denton, Texas (OWNER)
and Klmley-Horn and Associates,
Inc (CONSULTANT) for
Professional Services
SCOPE OF SERVICES
1 This Is an exhibit attached to, made a part of and incorporated by reference into the Agreement
between OWNER and CONSULTANT providing for professional engineering services
2 UNDERSIGNED shall prepare construction plans, details, specifications, permits, and Oplmon
of Probable Construction Cost for the following
The 20-1nch Waterline in U S Highway 377
3 Project understanding
20-1neb Waterline along U.S. l-hghway 377
The 20-inch waterline along U S Highway is approximately 17,800 feet Phase 1 is
approximately 8,500 feet The general alignment ~s along Highway 377 from the north
side of the Burhngton Northern Santa Fe Railroad to Hamilton Rd Phase 2 is
approxunately 9,300 feet The general ahgnment is along Highway 377 from Hamilton
Rd to a point approxunately 1,500 feet north of Crawford Rd Kunley-Hom will provide
an alignment analysis concerning placement of the water line e~ther on the east or west s~de
of Htghway 377 The current prehmmary and final design scope of services ~s based on
an eastern ahgnment If the ahgmnent analysis favors placement of the water line on the
west s~de of the htghway the prelmamary and final design scope of scope of services and
fee will be rewsed
4 20-tach Waterhne along U.S. Highway 377
Task 1 - Ahgnment Analysis
The Ahgnment Analys~s Task ~s to prowde addmonal coordination prior to the survey and
geotechmcal investigations Ttus task will focus on promdlng a recommendatton on wluch side
of the h~ghway to place the water hne, and whether to locate it within the Highway right-of-
way or a utthty easement Professional servtces under this task shall include
A Collect data on ex~st~ng ntflmes and infrastructure along the proposed water hne route
Klmley-Horn will coorthnate w~th the following
1 City of Denton Uulates
2 City of Denton Engineering Department
3 GTE
Page 1
4 Lone Star Gas
5 TXDOT
6 Union Pacihc Railroad
7 Burhngton Northern and Santa Fe Radmad
8 Marcus Cable
9 Corp of Engineers
B Provide recommendation for alignment of proposed 20-tach waterline, ~ncludmg alignment
/'or bores across highways, railroads, and creeks
C Provide information on penmttmg requirements for TxDOT, Corp of Engineers, and
Railroads
D Provide recommendations for locating the water line in the Highway right-of-way or a
utility easement
E Prepare cost comparison between water line placement within the Highway right-of-way
or a utility easement
F Prepare Opinion of Probable Construction Cost
G Attend one meeting to present results and deliverables and receive comments
H Services provided by OWNER
I Provide water, sewer, storm sewer, and electric locations
1 Provide existing mformatmn including record drawings, and construction plans
2 Provide comments on Routing and Alignment Report
I Deliverables
1 3 - copies of the Letter Report with findings of the Alignment Analysis
2 3 - copies of the Opinion of Probable Construction Cost
Task 2 - Prelumnary Design
Once the OWNER has finalized the Alignment, Klmley-Horn will proceed with the
Preliminary Design or 60% plans and specifications The Preliminary Design will include
A Survey
B Geotechnlcal investigation
C Preliminary boring calculations
D Preparation of easement legal descriptions and exhibits
E Coordination with utilities and ROW holders
1 GTE
2 Denton Municipal Utilities
3 Denton Engineer
4 TxDOT
5 Union Pacific Railroad
6 Burlington Northern and Santa Fe Railroad
7 Lone Star Gas
8 Marcus Cable
F Preparation of Opinion of Probable Construction Cost
G Preparation of Prehmlnary Plans (plan view only)
H Preparation of Specification Outline
Page 2
Attendance at one meeting to discuss OWNER's comments
Serwces provided by OWNER
I Sample Contract Documents and Specifications
2 Rewew and comments on Prehm~nary Design
Deliverables
1 3 - cop~es of the Prehmmary Construction Plans (plan wew only)
2 3 - cop~es of the Specification Outhne mcluthng mater~al select~on
3 3 - copies of the Opinion of Probable Construction Cost
4 1- copy of the Geotechmcal Report
Task 3 - Final Dealgll
Once the Prehm~nary Design has been approved by the OWNER, K~mley-Horn w~ll proceed
with the Final Design or 95% plans and spectfieattons The F~nal Design will ~nclude
A Prepare engineering plans and specdtcatlons and construction contract documents in
accordance w~th an approved route and for project bidding and regulatory approval Plans
shall constst of 22"x 34" plan and profile sheets at a scale of 1" =40' hortzontal, and 1" =
4' vertical Specd~cat~ons shall include techmcal specd~catlons for materials and
installation of the proposed facdmes We anttc~pate approxtmately 25 sheets of plans for
the 20-tach waterhne The contract documents shall follow the City of Denton
requirements for pubhc works construction
B Submit to the OWNER 95% complete plans, specdicat~ons, contract documents, and
Oplmon of Probable Construction Cost for rewew and comment
C Attend one meeting to present 95 % design and dehverables
D Attend one meeting to d~scuss OWNER's comments
E Prepare for and attend one public uttht~es Board Meeting
F Prepare and submit Railroad Permits apphcatlons
A Prepare and submit H~ghway Permits apphcat~ons
B Prepare and submit Corp of Engineers Permits apphcat~on (Assumes can be filed under
National 404 permit) Addmonal permitting beyond the national permit wdl be considered
additional services
C Make submittals to the franchise utlhty companies
J Submit final plans to appropriate regulatory agencies for review
K Make revisions based on the OWNER's rewew of the 95 % submittal
L Services provided by OWNER
1 Rewew and comment on F~nal Design
M Dehverables
1 3 - cop~es of the 95 % Construction Plans and Specifications
2 3 - copies of the Opinion of Probable Construction Cost
3 3 - cop~es of a letter addressing OWNER's comments
4 3 - cop~es of the Final Construction Plans and Specifications
5 I - Copy of Reproducible Bidding Documents (Plans and Spec~ficatlons)
Page 3
Task 4 - Biddmg
Professional services under this phase shall include
A Issue addenda as appropriate to interpret, clarify or expand the bidding documents
B Services provided by OWNER
1 Bidding document reproduction and distribution
2 Advertising
3 Tabulations and contract execution
Task 5 - Construction Contract Admlmstrat~on
Services under this phase involve consulting with and advising the CITY during construction
and are lunlted to those services associated with construction contract admlmstratlon Such
services shall include
A Attend the pre-construction conference
B Review shop drawings submitted by the contractor for general compliance with the intent
of the design This item Includes boring submittals only
C Issue necessary interpretations and clarifications of contract documents
D Prepare documentation required to resolve problems due to actual field conditions
encountered
E Prepare record drawings based on the comments provided by the OWNER and the
contractor Since Kunley-Horn will not be providing construction observation services, we
will not seal the record drawings
F Services provided by OWNER
1 Daily pro. lect inspection
2 Review and process monthly pay estimates
3 Prepare change orders
4 Shop drawing review not provided by consultant
G Hold construction meetmgs
J Resolve construction related issues
I Deliverable
1 1 - Copy of Record Drawings
2 1 - Reproducible set of Record Drawings
3 1 - Electronic set of Record Drawings
5 Schedule
We will perform these services upon receipt of an executed copy of this agreement and a
Notice To Proceed We will endeavor to meet your scheduling needs We anticipate the
following schedule for each task
Page 4
Task 1 - Ahgnment Analys~s
K~ck-off meeting after not~ce to proceed 20 days
Letter report dehvered to CITY, days after 30 days
the k~ck-off meeting
Task 2 - Prelmunary Design
Dehvery of Prehmmary Design report, days after 80 days
the approval of the ahgnment analys~s
Task 3 - lq~,nal Design
Dehvery of 95 % plans, days after 60 days
approval of the Prehmmary Design
Dehvery of final plans, days after the 20 days
receipt of comments on the 95 % plans
Task 4 - B~dd~ng
On-going with b~dd~ng - - ~
Task 5 - Construction Contract Admm~strat~on
On-going with constructton - - -
END OF EXHIBIT B
Page 5
EXItIBIT B to Agreement Between
the City of Denton, Texas
(O'¢FNER) and Kimley-Horn and
Associates, Inc (CONSULTANT)
for Professional Services
COMPENSATION
This is an exhibit attached to, made a part of and incorporated by reference ~nto the
Agreement between OWNER and CONSULTANT providing for professional engineering
services
2 CONSULTANT will accomplish the work outlined in Tasks I - 5 presented in Exhibit "A" of
this Agreement for a lump sum fee of $172,800 for all scope of servmes and d~rect expenses
associated with the same
The lump sum fee ~s composed of the following
Task 1 - Ahgnment Analys~s $ 20,800
Task 2 - Prehmlnary Design $ 85,200
Task 3 - Final Design $ 57,400
Task 4 - Bidding $1,200
Task 5 - Construetmn Contract Admlnlstratmn $ 8,200
3 CONSULTANT wdl invoice the O¥~NER for the value of the partially completed services,
according to the services accomplished each month on a proportional basis to the overall
project
4 Due to the difficulty m definmg a finite Scope of Services for Addttlonal Services,
CONSULTANT will provide the services described m Article III, Additional Servmes on a
labor fee plus expense bas~s Labor fees are to be computed on the basis of labor hours
charged to the project and the Klmley-Horn Billing Rate Schedule in effect at the time
services are rendered The current Klmley-Hom Billing Rate Schedule is shown below
Dtrect reimbursable expenses such as express mall, fees, out-of-town mileage (trips m excess
of 100 males) and other direct expenses wdl be billed at cost An amount equal to SlX percent
(6%) of the labor fees will be added to each mvome to cover certmn other direct expenses
such as m-house dupheatmg and blueprinting, facsimile, local mileage, telephone, postage,
and word processing computer time Technical use of computers for design, analysis, and
graphics, ere wdl be billed at $25 00 per hour All permitting, apphcatton, and similar
project fees will be paid direct by the OWNER
P~el
CURRENT HOURLY RATE SCHEDULE
Project Manager $115 to $170
Semor Engineer $110 to $155
Graduate Engineer $75 to $105
Engmeer/Landscape Architect $70 to $105
RPLS $70 to $105
Destgner $85 to $100
Analyst $70 to $105
CAD Techmcmn $45 to $85
Clerical $35 to $55
Computer $25 to $30
Effective through July 1, 1999
END OF EXHIBIT C
P~e2